The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-08-08
$VAN.BAKER$GUILTY.
Continued from Fra pase. !

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Baker had been taken thither. When
they found out the import, they added
their cries to those OF the father and older
son and the scene at the jail would almost
break a heart OF stone. His daughter fell
upon the couch. screaming with the agony
Of her grief and tho little boy appeared
almost crszed. II waa necessary to remove
the daughter 10 the jailor's house in
short time In order to quiet her and her
cries were terrible 10 hear. gg'is-55
THE courts INSTRUCTIONS.
The instructions given tho Jury by
Judge Boyd were as follows: f'Ts ~.
Instruction granted by the Court on re.
quest Of plaintiff: u g9lttllt
In prosecution like this the State 10
not bound to prove the exact time when
or the particular means by which the dc.
ceased were killed. It 10 sufficient to
prove beyond all reasonable doubt as to
theas particulars, that they were killed
at somo time or by any meana and that
tho prisoner Is tho guilty agent. 9g..l
Nor 10 the State bound to prove to tho
jury which one OF tho women was first
struck, nor the number Of wounds, nor
which died frat. The State has made out
tho charge, II tho Jury find from this evi.
donce that the prisoner beyond any
reasonable doubt, did commit the crime,
and the time when or the instruments
used are matters OF no importance II the
prisoner did the deed. Yet 1t ia the duty
Of the jury to consider the evidence Of
these matters, that is, OF the time, means,
manner, dc., OF the homicide, together
with all the circumstances and facts In
evidence In making up their verdict. On
A criminal case differs from civil
case, so far as the evidence Is concerned.
In a civil case the verdict 10 to be gov.
erned by the weight OF the evidence, that
10, by tho preponderance the one way OF
the other. II the evidence weighs either
one way or the other, even II II Is slightly,
then the verdict will 20 with the prepon.
derance OF the evidence; this rule docs not
hold in criminal cases. In criminal case
at the commencement OF a trial the pre-.
sumption Of the law Ia In favor OF the In.
nocence Of tho accused, this presumption
must be overthrown by the State. The
burden OF proof rests on the State to prove
the guilt Of the accused and the evidence
required to remove this presumption must
remove all reasonable doubts as to the
guilt. Now reasonable doubt is not all
doubt, nor Is 1t a possible doubt, nor IL 1t q
vague and Whimsical doubt, but It Is such
a doubt as after a consideration OF all
the circumstances Of the case as developed
by the evidence, leaves the mind OF the
jury still unsatisaed, to moral certainty,
OF the guilt Of the accused. -
Circumatantial evidence is not required
by any rule OF law to be 80 conclusive OF
the guilt Of the prisoner as to exclude
every possibility Of his innocence. 1t must
be Of such character and strength that
nothing but the defendants guilt can, In
the natural order Of things, be deduced
from it. But if 1t produces in the minds
Of the jury q conviction Of the defend.
ants guilt beyond q reasonable doubt and
to moral certainty, 1t is enough, although
it may not be such as to render 1t impossi.
bic that the crime could have been com.
mitted by another than the prisoner. l
The defendant by his counsel respect.
fully request the court to instruct the Jury
as follows: r.5I
Murder in the first degree for the pur.
poses OF this case may be defined to be
the willful, deliberate and premeditated
killing Of another and is punishable with
death, but the jury in their discretion may
find that the defendant be punished by
confinement in the penitentiary. All
other murder is murder in the second de-.
gree. gagi
In determining the guilt Of the defend.
ant upon circumstautial evidence, it is es-
sential that all the circumstances from
which the conclusion is to be drawn, ahall
be establiahed upon full proof, and
the party upon whom the burden of
proof rests is bound to prove every single
circumstance which is essential to the con-
clusion, in the came manner and to the
aame extent as il the whole iesue had
rested upon the proof Of each individual
and essential circumstance. 81 Z
All the facts and circumstances must be
when established by full proof, consistent
with the hypothesis of the guilt Of the &C.
cused. s5. (,